Tuntun Tiwary And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50738 of 2018 In Criminal Miscellaneous No.44295 of 2011 Arising Out of P.S. Case No.- 238 Year- 2010 Thana- Lalganj District- Vaishali ======================================================

1. Tuntun Tiwary, son of Gauri Shankar Tiwary.

2. Sanjay Tiwary, son of Ganesh Dutt Tiwary.

3. Pawan Tiwary, son of Shukhdeo Tiwary.

4. Daroga Tiwary, son of Late Shiv Nath Tiwary.

5. Pratima Devi, wife of Daroga Tiwary All resident of village - Shyampur Pakri, Police Station - Lalganj, District- Vaishali at Hajipur.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Sanju Devi , wife of Birendra Tiwary, Resident of village - Shyampur Pakri, Police Station - Lalganj, District- Vaishali at Hajipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Sri Abhay Kumar - 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-10-2018 Heard Sri Surendra Kishore Thakur, learned counsel for the petitioners and Sri Abhay Kumar No. 1, learned Additional Public Prosecutor.

The present petition has been filed on 16.08.2018 with a prayer to restore a quashing application i.e. Cr. Misc. No. 44295 of 2011, which stood dismissed long back on 03.04.2014. Learned counsel for the petitioner tried to persuade the court that there is good ground for condoning delay, however, considering the fact that quashing application stood

Patna High Court Cr.Misc. No.50738 of 2018(3) dt.03-10-2018 2/2 dismissed long back, there is no reason to entertain the restoration petition.

The restoration petition stands dismissed.

Let a copy of this order be sent to the court below forthwith.

(Rakesh Kumar, J) praful/- U T